Lowell Claimform - AA RBS Credit Card

[Les77]

I’ll get on with it later, thanks again

[AndyOrch]

Post it here for checking first.

[Les77]

1) The Defendant opened a Bank of Scotland (Credit Card) regulated consumer crediticon account under reference xxxxxxxxxxx on 25/09/2008 ('the Agreement').

 

2) In breach of the agreement, the defendant failed to maintain the required payments and the Agreement was terminated.

 

3) The agreement was later assigned to the Claimant on 17/06/2015 and written notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £5,338.21 remains due and outstanding.

 

And the claimant claims

a) The said sum of £5,338.21

b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment the date of issue, accruing at a daily rate of £1.170, but limited to one year, being £427.06

c) costs

 

Here's my amended defence... hope this is ok?

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Bank of Scotland . I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 78 request. The section 78 request has been complied with. The claimant has only partially responded to and is in breach of the CPR 31.14 request.

 

3. Paragraph 2 is noted and await further information with regards to service of a Default Notice.

 

4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have complied to my section 78 request and remain in default and with regards to my CPR 31.14 request. The claimant with their partial compliance to my CPR 31.14 request have frustrated my attempts to clarify their claim.

 

6. Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has reached the amount claimed for; and

 

(b)show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

 

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7.. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

Fine...just edit the blue out...they cant be in breach or default of a CPR request.

 

Regards

 

Andy

[dx100uk]

what about PAP andy?

[AndyOrch]

Good point DX on the ball:-).....did you ever receive the following before receiving the court claim.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

[Les77]

I received the 'letter of claim' if that's what you're referring to?

[dx100uk]

and you had the form as the attachment of post 6 in that thread?

[Les77]

Yes I had that form?

[dx100uk]

ok all done then

nothing more to do

so as post54

[AndyOrch]

Yes I had that form?

 

And did you complete it and send it back to them and did they respond ?

[Les77]

Just double checking this good to C&P on MCOL?

 

1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Bank of Scotland . I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 78 request. The section 78 request has been complied with. The claimant has only partially responded to the CPR request.

 

3. Paragraph 2 is noted and await further information with regards to service of a Default Notice.

 

4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have partially complied to my section 78 request. The claimant with their partial compliance to my CPR 31.14 request have frustrated my attempts to clarify their claim.

 

6. Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has reached the amount claimed for; and

 

(b)show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

 

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7.. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited April 6, 2018 by Andyorch
Edited

[Les77]

And did you complete it and send it back to them and did they respond ?

 

No, I just ignored it

[dx100uk]

imho they have not fully complied with the section 78 request?

[Les77]

imho they have not fully complied with the section 78 request?

 

Is that because of the T&C's they sent me?

[dx100uk]

and no statement of account.

 

p'haps just add have not fully complied with....

 

also sort your numbering out

 

2 should be 1

 

the 1st bit is generic to all so doesn't need numbering

[Les77]

I'll change the numbering, is there a way to edit my post as I can't see any option?

[dx100uk]

no sadly we had a spate of people going back and editing posts to make cag look silly

so we had to limit it to 10 mins.

[Les77]

no sadly we had a spate of people going back and editing posts to make cag look silly

so we had to limit it to 10 mins.

 

Fair enough

 

Defence has been submitted.... and a big thanks to you and Andy for the help

[Les77]

I’ve received acknowledgement from the court today.

 

I’ve also received (from Bank of Scotland) the paperwork from my SAR request and to the best of my knowledge there doesn’t appear to be a DN...

should this have been included?

[dx100uk]

yes but that's not your problem

its the claimants:lol:

what you do or don't know you KEEP to yourself for now.

its for the claimant to produce documents...

 

dx

[Les77]

Thanks dx, my fingers are crossed

[dx100uk]

so now you have all the statements you need to reconcile your obv usage of the card?

[Les77]

There’s statements and all sorts in there, it’s about an inch thick!

[dx100uk]

well get yourself upto speed